Published: Oct 19, 2010 5:11 PM EDT
Updated: Oct 19, 2010 2:12 PM EDT

MIAMI (AP) - A Miami federal prosecutor is no longer facing criminal indecent exposure charges after he went for a swim in his boxer shorts.

A state prosecutor cited lack of evidence Tuesday in announcing the decision for 36-year-old Sean Cronin.

The parents of a girl who was in the pool where Cronin was swimming Sept. 26 claimed he intentionally exposed himself and police also said he resisted arrest by attempting to flee. Both charges were dropped.

Cronin's attorney told The Miami Herald that his client should never have been arrested to begin with.

Court papers show the Justice Department's inspector general is reviewing Cronin's conduct in the case. He has not been suspended or disciplined.